Checklist of points to cover in court on a Rowbotham Application Name: ________________________________________________ (as set out in the documents charging you) 1. I have been denied legal aid ☐I was turned down by Legal Aid Alberta • details of when and where ☐ I had my file reviewed and was denied again (only if you had a review). • details of when and where
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Checklist of points to cover in court on a Rowbotham Application · 2015-05-30 · Checklist of points to cover in court on a Rowbotham Application Name: _____ (as set out in the
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Checklist of points to cover in court on a Rowbotham Application
Name: ________________________________________________ (as set out in the documents charging you)
1. I have been denied legal aid
☐I was turned down by Legal Aid Alberta
• details of when and where
☐ I had my file reviewed and was denied again (only if you had a review).
• details of when and where
☐ The reasons for refusing me legal aid
• details of what the Legal Services Officer said or told you
To prove point 1, I will use:
☐ My own testimony
☐ The Legal Aid Alberta service plan
☐ Other letters or forms from Legal Aid Alberta
☐ Evidence of my own witnesses
2. I cannot afford a lawyer
☐ Because of my job situation
Job record
Proof of employment or layoff
☐ Because of my monthly income and expenses
Personal financial statement
Cheque stubs
Support payment receipts
Bills (housing, utilities, etc.)
(Please use a marker to black out any social insurance numbers, and dates
of birth which may be used as identifying information)
☐ Because of my assets and debts
Personal financial statement
Bank statements
Cheque stubs
Income tax returns
Property tax statement
Bills (mortgage, rental agreement, taxes, etc)
☐ Because of my dependents (children or spouse I support)
To prove point 2, I will use:
☐ My own testimony
☐ My affidavit
☐ Documents (see lists above)
☐ Evidence of my witnesses
3. I face a serious charge
☐ I am likely to go to jail if convicted
Details of the charge (the court document also called the information or
indictment)
Disclosure obtained from the prosecutor
The prosecutor’s position on sentencing if I am convicted after a trial
Referral for Counsel received from Duty Counsel
My criminal record, if any
☐ Other penalties may have a serious impact on my life
For example, a driver’s licence needed to work
Letter from employer
To prove point 3, I will use:
☐ My own testimony
☐ My affidavit
☐ Documents, such as paystubs that show what I do for a living
☐ Evidence of my witnesses
4. I cannot defend myself because the charge is too complex for me
☐ Technical legal issues are involved in my defence
Details from lawyer or ask the judge to explain
☐ The trial procedure is too difficult for me to follow because
My education level
My language ability
My knowledge of the legal process
☐ There is too much evidence, too many witnesses for me to handle
To prove point 4, I will use:
☐ My own testimony
☐ My affidavit
☐ Documents, such as letter from a lawyer about legal issues
☐ Evidence of my witnesses
The sample “Notice of Application” and “Affidavit of the Applicant” are attached below. You
will need at least 4 copies of each of these documents.
Checklist of things to do for Rowbotham Application
☐ Gather required information
☐ Complete and swear the Notice of Application and Affidavit of the Applicant
☐ Obtain hearing date at CMO
☐ File the Notice of Application and Affidavit of the Applicant at Clerk’s Office